83 Minn. 111 | Minn. | 1901
This action was brought to enjoin defendants from purchasing a tract of land as a school-house site. Plaintiff had judgment in the court below, and defendants appealed.
In 1881 defendant school district purchased and paid for a tract of land as a site for a school house, voted the bonds of the district, and built a school house thereon. Ever since that year the site and school building have been used and occupied by the district and by the voters thereof for educational and school pur
The contention of appellants is that the old site was never lawfully selected as such, and that a majority vote was all that was necessary to select and designate a new one. The statutes provide that, when a school-house site has once been designated by the voters of the district, it shall not thereafter be changed, except by a two-thirds vote. So the only question before us which we deem necessary to consider is whether the facts found by the trial court show a selection and designation by the voters of the district of the old site. The court found that
“In the year 1881 said district purchased a piece of land for a school-house site, described as follows, * * * and said school district received a deed of conveyance for the same, and paid therefor the sum of $10, and shortly thereafter built a school house thereon; and said site is now, and has been for the last eighteen years, used and occupied by the school district for school house and school purposes.”
There is a presumption of general application to the effect that public officials perform their duty; that their acts are legal; and, when special authority is necessary to do a particular act, that
Judgment affirmed.